OSHA’s regulation on hearing loss — 29 CFR 1910.95, the Occupational Noise Exposure Standard — is one of the most violated and most misunderstood standards in federal OSHA’s general industry portfolio. It requires employers to implement a hearing conservation program when workers are exposed to noise at or above 85 dBA as an 8-hour time-weighted average. It applies to every private-sector general industry employer in the United States under federal OSHA jurisdiction, regardless of size or sector, when that exposure threshold is met.
Soundtrace helps employers determine whether they are covered by 1910.95 and provides the complete managed hearing conservation program the standard requires.
Hearing conservation violations appear in OSHA’s top 25 most-cited standards every year. The violations are pervasive because many employers don’t know they’re covered, or believe compliance is more complex and expensive than it is. The standard is also unforgiving: a multi-item citation from a targeted inspection can reach $40,000–$80,000 in penalties, applied separately to each violated provision.
What Is 29 CFR 1910.95?
29 CFR 1910.95 is OSHA’s Occupational Noise Exposure Standard for general industry. It was first promulgated in 1971 and substantially revised in 1983 to add the hearing conservation amendment. The standard requires employers to protect workers from noise-induced hearing loss through a hierarchy of controls: first, engineering and administrative controls to reduce exposure; then, when controls are insufficient, a hearing conservation program.
The hearing conservation program requirements — noise monitoring, audiometric testing, hearing protection, training, and recordkeeping — kick in at the 85 dBA action level, even when controls have not reduced exposure below the 90 dBA PEL. The standard recognizes that not all noise can be engineered away and establishes the audiometric testing program as the ongoing medical surveillance mechanism.
Who Is Covered by OSHA 1910.95?
The standard applies to all private-sector general industry employers under federal OSHA jurisdiction when any worker’s exposure to noise equals or exceeds 85 dBA as an 8-hour TWA. “General industry” includes manufacturing, processing, utilities, retail, healthcare, warehousing — essentially any industry that is not construction, agriculture, or maritime.
There is no minimum employee count. A three-person machine shop with a CNC router running all day is subject to the same requirements as a 5,000-person steel mill if the exposure threshold is met. Federal contractors and federal employees are covered by separate regulations but often subject to equivalent standards.
26 states and 2 territories operate their own OSHA plans that must be at least as effective as federal OSHA. Private-sector employers in those states (including California, Washington, Oregon, Michigan, and others) are regulated by their state plan rather than federal OSHA — but the hearing conservation requirements are equivalent or more stringent. California’s Cal/OSHA hearing conservation standard, for example, adds requirements beyond federal 1910.95.
What Does 1910.95 Require?
| Program Element | Regulatory Citation | Trigger |
|---|---|---|
| Noise monitoring | 1910.95(d) | When there is reason to believe exposure ≥85 dBA |
| Audiometric testing program | 1910.95(g) | Workers exposed at or above 85 dBA TWA action level |
| Baseline audiogram | 1910.95(g)(5) | Within 6 months of enrollment (or 1 yr with mobile van) |
| Annual audiogram | 1910.95(g)(6) | Within 12 months of baseline or prior annual |
| Hearing protection availability | 1910.95(i) | All workers at or above 85 dBA action level |
| Hearing protection required | 1910.95(i)(3) | Workers at or above 90 dBA PEL; or after STS |
| Annual training | 1910.95(k) | All enrolled workers; 6 required topics |
| Recordkeeping | 1910.95(m) | Audiograms: 2+ years; noise exposure: 2+ years |
| Professional Supervisor | 1910.95(g)(3) | All HCPs; must be audiologist, otolaryngologist, or physician |
What About Construction Workers?
Construction operations are governed by OSHA 29 CFR 1926.52, not 1910.95. The construction standard has the same 90 dBA PEL but does not require audiometric testing, does not define an 85 dBA action level, and does not mandate a full hearing conservation program. Many construction employers voluntarily extend 1910.95-style programs to their workforce because 1926.52 provides no audiometric record — creating significant WC liability exposure when workers retire.
Importantly, construction workers who perform general industry activities — shop work, facility maintenance, production operations — are covered by 1910.95 for those activities even if their primary work is construction.
Frequently asked questions
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Soundtrace conducts noise monitoring to determine whether the 85 dBA action level is met — and provides the complete managed HCP if it is.
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